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2008.05.28_PB_Minutes_Regular• TOWN OF HIGHLAND BEACH PLANNING BOARD PUBLIC HEARING MINUTES (Continuation of 5/14/08 Public Hearing) May 28. 2008 9:35a.m. Chairman Louis P. Stern called the Public Hearing to order at 9:30 a.m. In attendance were Chairman Stern, Vice Chair Ken Tapman and Members Patricia Pembroke, Kurt Kalberer and Joseph Yucht, Marie Marchesani and Max Angel. Also in attendance were Town Attorney Thomas Sliney and Building Official Bob Dawson. OLD BUSINESS This is a continuation of the May 14, 2008 Public Hearing in reference to the application from Palm Beach County for a beach park (Milani Park.) The Board Members previously submitted their suggestions for conditions to be placed on the development of the subject park. Chairman Stern compiled the suggestions (conditions) and the Board reviewed with some revisions (attached). Paul Jones, President Florida History, of Tampa, offered an archeological viewpoint. . Site is eligible for the National Historic Registry. • . A lot of damage has happened to the site. .County said there is one burial site -State located evidence of two burial sites. The following Public Comments were made: . Gary Guertin, Toscana W. -parking fees should be minimum of highest in the area. . Bev Knight -address Indian issues . Robert Patek -let Town benefit from the use of the parking lot. Much of the same issues at the previous hearings were discussed, with the following MOTION being made by Mrs. Pembroke/Mr. Yucht: THE PLANNING BOARDAPPROVES GOING FORWARD FOR CONSIDERATION AND FINAL APPROVAL BY THE TOWN COMMISSION OF HIGHLAND BEACH, CONTINGENT UPON FINAL APPROVAL OF THE CONDITIONS DISCUSSED TODAY AND AGAIN ON JUNE 4. THE BOARD WILL MEET AGAIN FOR A FINAL CONTINUATION OF THIS PUBLIC HEARING ON JUNE 4 TO FINALIZE THE CONDITIONS. MOTION carried unanimously. ADJOURNMENT With no further business to come before the Board, Motion to adjourn was made by Mrs. • Pembroke/Mr. Tapman at 11:37 a.m. Planning Board Mav 28, 2008 Page 2 of 2 APPROVAL Louis P. Stern, Ch. Ken Tapman, V.Ch. Patricia A. Pembroke Marie Marchesani Kurt T. Kalberer C • ®~®°~r G k t,~ ®ca . - E . _ ~•di 2; : : en i ~ i ~~ . FL 0 R tOt' m ®~._ ~~~x~. of ~-Tighlaa~.d. beach 3614 SOUTH OCEAN BOULEVARD o Fi1GFILAND BEACH, FLpRIpA 33487 Palm Beach County, Florida .tune 19, 2008 Mayor Jim Newitl, CPA Town of Highland Beach 3614 South Ocean Blvd. Highland Beach, FL 33487 Dear Mr. Mayor: 561-278-454$ FAX 561-285-3582 Mayor: Jim Newill, CPA Uce Mayor: Miriam S. Zwick Commissioners: Doris M. Trinley John~J. Sorrelli John J. Pagliaro Town Manager: Dale S. Sugarman, Ph. D. In accordance with the Zoning Code of Highland Beach (Section 30-36 Special exception) The Planning Board of Highland Beach after 5 months of review, workshops and public hearings is sending to the Town Commission an advisory recommendation for a Special Exception with conditions for Milani Park. With this letter of transmittal, please find our recommendations to the Town Commission of the • conditions under which we are recommending this Special Exception. In addition please find updated remarks from Bvb Dawson, dated May 28"' assessing the 19 items which the County must meet from zoning code Chapter 30-67, Table 30-4, item {9}. We hope that in your decision making that you will be able to support our efforts. One subject we discussed, but made no formal recommendation on was if a Bathers Beach is not granted by The Commission, you might want to rnnsider reducing the size of the Parking Lot on the West Side of the project and possibly adding a park for general use. Submitted on behalf of the Planning Board, ~LGu~ L IS P. E hairman Tow of Hi land Beach Planning Board CC: Vice Mayor Miriam S. Zwick Commissioner Doris M.Trinley Commissioner John J. Sorrelli Commission John J. Pagliaro Town Manager Dale S. Sugarman, Ph.D 4FT48tLAT (?4 ka ~ arh l sa v~ r71 _he~~ a±h fl 'e'e C Planning Board Required Conditions For Milani Park Special • Exception Approval SAFETY An underground tunnel would be the best solution for pedestrian traffic crossing A1A. The tunnel would have to be handicap accessible. This would eliminate the need for any crosswalk consideration. USE OF PARK The park should be used as an historical/archeological, nature/educational park. Displays with proper signage should be built on the East side of A1A displaying the artifacts with a history of the Native Americans and Japanese Farmers who used tl~e premises. Limit Beach Access to Snorkeling and Licensed Fishing. Conditions that existed 20 years ago are no Longer the case since the beach at high tide does not exist No Swimming Allowed would reduce the need fora 2000 square foot building to house only restroom facilities. No need for lifeguards, lifeguard equipment, or lifeguard stand. Snorkeling/swimming would be at users' risk. Agreement that there will be NO Commercial Retail of any type including Concession Stands. Policing the area should now include a Fish and Wildlife Officer. The County agrees to remove and dispose of all trash and garbage generatisd at the site, at least three (3f times a week. MAINTENANCE 8 LIABILITY Maintenance and Liability guaranteed by Palm Beach County in perpetuity. This agreement is to maintain the entire parcel (East and West; the parking lot, a guard in the guard house, cleaning of the restrooms, cleaning the beach, etc. If Palm Beach County defaults on this or any other provisions, the alleged default will go to arbitration. Hold Harmless Clause: Palm Beach County has to agree to hold hanmiess the • Town of Highland Beach, it's Commissioners, Emp{oyees, Board Members, and Attorneys from any claims/actions brought against them due to injuries or • damages to any user of the park. Agreement that Palm Beach County will reimburse the Town of Highland Beach for any/all additional cost for fire, police, emergency vehicles and other related medical situations. PARKING LOT Fees: Charge a minimum of $16.00 per day/$18.00 weekends per Boca Raton's Spanish River Park with the ability to change prices upward to match other area parking lots. The parking lot is to be staffed by an attendant at all times the park is open, even in the event the parking fee income does not create enough revenue to pay that person. The Parking lot is open only Dawn to Dusk. All lights in tl~e parking lot will shine downward toward the pavers and ground. . Palm Beach County shall install and maintain a drainage system that shall effectively and efficiently drain surface water from the parking lot surface, so it does not affect the adjoining and adjacent properties. Since there will be leakage of oil, antifreeze, and other pollutants from motor vehicles in the parking lot and onto the parking lot surface, Palm Beach County must provide an approved filtering system to filter the pollutants and the surface water before said mixture enters into the mangroves. Palm Beach County must also enter into an easement agreement with the owners of the land on the northwest side of the parking lot and obtain all necessary governmental approvals, so the excess or overflow water from the mangroves can be emptied. Palm Beach County shall install and maintain this system) Agreement by Palm Beach County to limit the size of vehicles to: NO Commercial Vehicles (size up to SUV's only). No trucks. Agreement by Paim Beach County for a turning lane both North and South for entrance into the parking lot located on the West side of the parcel. Agreement to create a minimum of a four car backup lane entering the guard house by moving the guard house into the properly. • Agreement by Palm Beach County to maintain security patrols past closing time; hopefully up to midnight 7 nights a week both sides of the park. Agreement by Palm Beach County to remove any vehicles in the parking lot • after closing time by use of a towing service. Palm Beach County shall install and maintain eight (8) feet high masonry walls, as originally proposed, along the south side of the parking lot and connecting with an eight (8) feet high masonry wall along the west side of the parking lot. The parking {ot perimeter that is surrounded by wall or fence must have locked gates. MISCELLENOUS The planning Board recommends the condition herein be incorporated into an Inberlocal Government Agreement PETS: Agreements by Palm Beach County that NO PETS will be permitted on either parcel. Palm Beach County must agree to meet all of Highland Beach zoning ordinances, Agreement by Palm Beach County in writing to comply with Highland Beach • code 30-12 (use and payment of outside experts). Agreement by Palm Beach County should the maintenance of the mangroves become a problem the County will at whatever expense correct the situation in perpetuity. The applicant will design the site lighting to confirm with the Towns' "Turtle lighting ordinance". Palm Beach County needs to produce a new survey of the beach shore line before going to the Town of Highland Beach Commission. Palm Beach County should nominate the sibs for the National Register of Historical Places and coordinate the site development with the State of Florida Historical Preservation Officer and the State Archeologist, Palm Beach County is to comply with all Federal, State and Local regulations governing the site development It is recommended that an updated traffic study be performed. Memorandum Date: May 28, 2008 TO: Town of Highland Beach Planning Board Louis P. Stern, Chairman F~Om: Robert S. Dawson, Building Official SubjeCt:Milani Park Special Exemption Application The Milani Park Special Exemption Application has been reviewed by the Building Department and several outside consultants acting as additional staff for the Town. Today I will try to update the finding of staff to this point in time, bearing in mind that we have not finished the process. Our ordinance lists 19 items that must be considered by the Town Commission in order to grant a special exception to allow this project to take place. Therefore it would be appropriate to consider those items from Chapter 30-67, Table 30-4 Permitted Uses, Additional Standards, item (9) (pg 30-37) as part of your review. (9) Public recreation facilities. Public recreation facilities established as a principal use shall comply with the requirements listed below.' a. The facilities, structure, site, and all principal or accessory uses shall be owned and • operated by a public agency. The Applicant has stated in public workshops that all improvements shall be owned entirely and solely by the Palm Beach County Board of County Commissioners. The Applicant stated the operation of the proposed recreation facility, including lifeguards, park rangers, gatehouse attendants, trash removal workers, at the subject site will be operated by Palm Beach County and its staff. The Town may consider solidifying this understanding by the use of an inter-local agreement, especially where public safety services are of concern. The County meets this requirement. b. The site shall possess a governmental service district (GSD) zoning designation. The site's current zoning is GSD. The County meets this requirement. c. The facility shall be approved as a special exception. The Applicant has applied for, and is currently seeking, the special exception approval. The County will meet this requirement if a special exemption is granted.. • C:\Documents and SettingsUdawson\DesktoplCunent FilesWlilani Park\Staff Report108-5-28 Milani Staff Report Update.doc Page 1 of 7 d. Evidence of adequate parking to accommodate expected demand at the facility shah be provided as a part of the development order application. • The Applicant has proposed 101 total parking spaces, 97 standard and 4 handicapped spaces. The applicant has referenced Florida's Statewide Comprehensive Outdoor Recreational Plan -Chapter 4 Guidelines for Beach Access Sites, according to statewide surveys, this document explains, approximately three, (3) parking spaces should be provided for every 100 square foot of beach at public access points. The Applicant has provided a sketch from Brown & Phillips, Inc. who calculated roughly 37,000 square feet of beach. This would equal 370 parking spaces using this equation. While the Applicant is following what the State offers as a guide in calculating this space, a more realistic approach to usable beach space would be closer to 40 feet of beach depth by the site width of 392 feet. Through the State's guide this would equal 157 spaces. As stated, that Applicant has proposed 101 total parking spaces. The key to this issue rests with the interpretation of the "expected demand". (Please see attachment -Milani Park -Proposed Parking.) The County now meets this requirement. e. At a minimum, park facilities shall be closed at sunset and shall not reopen until sunrise. The Applicant has stated that the site will be operated from sunrise to sunset. The County agrees to meet this requirement. . f. Park facilities shall be gated, and gates shall be closed between sunset and sunrise. The Applicant stated that the site will be operated from sunrise to sunset, and that during the hours the park is closed, the parking facility west of A1A, (Parcel 6) will be gated to prevent vehicular traffic from entering the site. The Applicant's site plan does show a swing gate proposed for the traffic entrance. However there appears to be no pedestrian gates to restrict access. The County now meets this requirement. As for the property east of A1A, (Parcel A) the site plan shows pedestrian access points from A1A to have pedestrian gates. The plan also appears to have some type of fence or wall that runs parallel to A1A, however there are no descriptions to the type or size of fence proposed. The Applicant will need to provide this data. The property lines to the east, north and south show no fencing improvements or gates to prevent pedestrian access. The Applicant will need to provide their proposed method of meeting this sections requirements. g. Security lighting shall not spit! over onto adjacent properties. The Applicant's site plan proposes a total of Thirty-two, (32) lighting fixtures. It appears two, (2) light fixtures will be used to illuminate the park monument sign. Six, (6) light fixtures are wall packs proposed for the site's structures and the balance, totaling • twenty-four, (24) light fixtures, will illuminate the parking facility. These fixtures are C:\Documents and Settings\rdawson\Desktop\Current Files\Milani Park\Staff Report\08-5-28 Milani Staff Report Update.doc Page 2 of 7 called out as bollard lights. Additional specifications are needed to determine if the lights are directional and what type of illumination coverage each fixture projects. • The applicant may not be aware that the Towns' "Turtle Lighting" ordinance is more restrictive that the county requirements. The Town of Highland Beach ordinance does not allow ANY light on the beach. The County has been made aware of the Towns' Lighting Ordinances and agrees to conform. A building permit will not be issued if this requirement is not met. h. Special exception approval, if granted, may require an interlocal agreement between the town and the owner of the site regarding the provision of public safety services to the site. The Applicant has stated that the site will be operated from sunrise to sunset. During the closed hours the parking facility will be gated to prevent traffic from entering the site. The Applicant stated the Palm Beach County Sheriff's Office and Park Rangers would be utilized for site security. The Town may consider solidifying this understanding by the use of an inter-local agreement. The County agrees to meet this requirement. i. Unless otherwise approved by the town commission, only parking and open-air fresh water rinsing facilities shall be located on the west side of SR A1A. Bathroom, picnic, play ground, and related equipment shall be located on the east side of SR A 1A. • The Applicant has not shown any prohibited equipment, as stated in this section, on Parcel B, located west of A1A. The County now meets this requirement. j. A landscape strip, with a minimum width of fifteen (15) feet, shall be provided along the perimeter of the entire property abutting a residential zoning district. The Applicant's site plan for Parcel B shows a landscape buffer of twenty-five, (25) feet along the south property line. Along the west property line a perimeter buffer is not achievable as a portion of this area is improved with asphalt paving. The Applicant's site plan has shown a fifteen (15) foot landscape buffer from the property fine beginning at it nearest point to 25 feet from the property line at its widest point without affecting the paved area. (Note that the portion of the paving shown on the west side is an encroachment. The County now meets this requirement. While there is no specific landscape buffer at the north property line, the area between the property line and the parking area, is proposed wetlands that extend almost the entire depth of the property. The site plan for the Parcel A, where it abuts properties to the north and south, identifies no specific landscape buffer. The site plan further proposes improvements to an existing asphalt driveway within two, (2) feet of the • .property line of the adjoining single family residence to the north. A site visit revealed this area to be densely over-grown to the point where the asphalt drive was not even C:\Documents and Settingslydawson\Desktop\Current Files\Milani Park\Staff Report\08-5-28 Milani Staff Report Update.doc Page 3 of 7 noticeable when standing over where it was shown to be. Nevertheless, clearing this area and creating an improved drive as shown on the site plan fails to meet the landscape buffer requirement. At the south property line the abutting property is a • vacant eight, (8) foot alley that runs the length of the property from east to west. The area directly north of this is undisturbed hammock within the proposed Milani Park site. While the undisturbed hammock setting may be .considered landscaping, the Applicant has not proposed any improvements to meet this section's requirements. This eight (8) foot alley is not shown on the applicant's Map of Boundary and Topographic Survey. It does show on the applicants proposed site plan. k A minimum of twenty-five (25) percent of environmentally sensitive land shall be retained on site. The Mangrove Swap and the dunes are the only environmentally sensitive lands on the property, and the Applicant proposed retaining these areas. The County agrees to meet this requirement. 1. To the maximum extent possible, existing native vegetation shall be retained on site. The Applicant has provided a report dated July, 1999, identifying two major native vegetation communities, the Mangrove Swamp and the Coastal Dune and Strand. The report recommends the Mangroves be preserved and enhanced. The report also states the dune area needs to be enhanced by removing exotic and replanting native species. A point that is noteworthy is a discrepancy in the Applicant's submittal. A memorandum which was not dated and it did not identify an author, stated the dune was in "good to excellent condition". The July, 1999 Environmental Site Evaluation report prepared by the Palm Beach County Parks and Recreation, states the dune and strand are highly and severely disturbed, having no vegetation and not well formed due to erosion. Then, in the Statement of Use provided, it .states the Dune is of high quality and generally it is well vegetated and there is no significant erosion of the dune. The Applicant should provide a resolution to the noted discrepancy and offer assurances that the native vegetation will be retained on site by all practical and reasonable efforts. The County agrees to meet this requirement. m. The town commission may require an opaque fence, berming, fencing, landscaping, or any combination thereof, to screen and buffer residential uses immediately abutting the site. Screening and buffering shall be at least six (6) feet in height, unless otherwise reduced by the town commission. Parcel B, to the south, the Applicant has proposed asix-foot masonry wall within a twenty-five-foot landscape buffer, abutting the property owners to the south. The proposed six-foot wall will run parallel and five, (5) feet to the north of an existing eight foot wood fence. The Applicant needs to clarify if this is their intended plan, creating a five-foot alley between the fence and wall, with an existing three-foot wide hedge in C:\Documents and Settings\rdawson\DesktoplCurrent Files\Milani Pazk\Staff Report\08-5-28 Milani Staff Report Update.doc Page 4 of 7 between. To the west, athree-foot wooden fence is proposed within afifteen-foot ' ~ landscape buffer. This fence is proposed to run parallel and to the east of an existing three-foot plastic rail fence, at widths varying fram three, (3) to ten, (10} feet between fences. The Applicant needs to clarify if this is their intended plan, to create an alley • between fences. Additionally, for the majority length of this alley created there are no landscape materials proposed. To the north, the site plan states a "Six foot high chain link fence to match existing". During a site visit no existing chain link fence was noted. The Applicant needs to address why a chain link fence has been proposed. Parcel A, to the north, the site plan shows a current wall eight, (8) inches high, stated as concrete wall ruins. During the site visit, a masonry wall with an aluminum fence mounted on top of the wall was observed. This may be owned and maintained by the abutting property owner. The wall varied in height from five to eight foot in height. No fence or wall improvements or landscape materials have been proposed here, or at the south property line to satisfy this requirement. n. Native, salt tolerant vegetation shall be utilized in all areas where landscaping is installed. The Applicant's landscape plan provides a listing of specific plant materials. The plan states that the landscape contractor shall verify that the soil in all planting sites is suitable for the plant material specified. The plan con#inues to state that these investigations shall include soil water percolation, organic content, presence of contaminants or other soil characteristics that will affect the suitability of the soil to support normal healthy plant material. The plan states that all plants shall be hardy under climate conditions similar to those of the locality of the project, be typical of their species or variety and shall have a normal habit of growth • The County agrees to meet this requirement. o. Landscaping located in parking areas and other public use areas shall be irrigated, unless the requirement is waived by the town commission. The Applicant's landscape .plan note 8 states, in part, "All landscape shall be irrigated with an automatic, rust free, portable water source system". The Applicant should provide the irrigation system specifications to the Town. The County agrees to meet this requirement. p. All exotic vegetation shall be removed from the park prior to issuance of a certificate of occupancy. The Applicant's submittal includes a "Proposed Exotic Plant Species Removal/Control Plan". The plan is not dated, nor does it identify the author, so no verification can be made to ascertain if it reflects up to date conditions. The plan does however properly identify the need for permits and approvals, including the Department of Environmental Protection and the Army Corps of Engineers, for removals within the wetland preserve area. The County agrees to meet this requirement. C:\Documents and Settings\rdawson\Desktop\Current Files\Milani Park\Staff Report\08-5-28 Milani Staff Report Update.doc Page 5 of 7 q. The use of dumpsters in the park for trash and debris prohibited, unless otherwise ' ' permitted by the town commission. • The Applicant has stated that trash removal will be conducted by Pafm Beach County staff, using County pick up trucks on a routine basis. No dumpsters have been proposed on the site plan for use on this site. The County agrees to meet this requirement. r. All receptacles for waste collection and disposal shall be consistent with the overall design, materials, and colors of the park, and shall be designed and installed to compatible with other facilities. The Applicant has not provided specifics on the type of receptacles for waste collection. s. Waste collection shall occur in a manner established by the town or as provided by agreement with the firm or organization providing waste collection services. The Applicant has stated that trash removal will be conducted by Palm Beach County staff, using County pick up trucks on a routine basis. The County agrees to meet this requirement. • Thus concludes the review of the requirements that the Town Commission must consider in order to grant approval. Please understand that the review outlined above was completed as part of the minimal requirements of the applicant. Staff recommends that the Planning Board consider including the following additional items as conditions of approval, and any other conditions the Board may wish to recommend to the Town Commission. Please note that the applicant has previously offered many of these conditions as part of their presentations at previous workshops. 1. The applicant wilt agree to the imposition of a parking fee and an attendant for the west parcel as long as the park is in operation, no matter what the economics of the ~ area may be. The applicant will design the site lighting to conform with the Towns' "Turtle Lighting" ordinance. ~ ~ The applicant will remove and dispose of all trash and garbage generated at the site. ~~ 4. The applicant will agree to a "No vendors allowed at site" condition 5. If the site plan is approved, the applicant will not disturb the soil for any structures ~~ `~ without proper prior archeological investigation. ~6~ The applicant -has stated that the Seminole Indian Tribes of Florida have been V informed of the proposed development. Has the Tribe responded, and if so, what is the response? ... ~ /~s ~ ~.. • R~l~ R 1',` ~ ~ C:\Documents and Settings\rdawson\Desktop\Current Files\Milani Park\Staff Report\08-5-28 Milani Staff Report Update.doc Page 6 of 7 7. The applicant will restore the wetlands and mangroves on the north end of the west . , parcel. 8. The applicant and the Town should address specifics as to who will be responsible for law enforcement at the site. The Board may wish to add additional conditions in their recommendation to the Town Commission. I would suggest that the items agreed to by the County at various workshops and meetings be consolidated into whatever type of agreement is ultimately executed. Once the Board is satisfied that all requirements and conditions wilt be met by the applicant, it is incumbent upon the Board to advance its final recommendation to the Town Commission. • n C:1Documents and Settings\rdawson\Desktop\Current Files\Milani ParklStaffReport\08-5-28 Milani Staff Report Update.doc Page 7 of 7